How do I serve someone in prison with legal papers?
The party I want to service is in prison or jail. How do I notify them of the court case I am filing against them?
Answer
Generally, there are no special rules for serving someone who is in prison. There are no sample forms and limited discussion on this topic, although there is a leading case on this topic, Montes v Seda, 157 Misc2d 895 (Sup Ct., NY County 1993). Even if the person you want to serve is in prison, the same rules of service apply that are outlined in section 308 of the Civil Practice Law and Rules, with an additional note in section 620 of the Correction Law about the role of corrections officers in completing service. There is more detailed information about how to serve court papers on someone on CourtHelp.